(Revised 10/01/18 ML3532)
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IM 5383
An ABAWD is an individual between the ages of 18 and 50 who is able to work and has no children less than 18 years of age in their SNAP household. An individual is not considered an ABAWD until the month following their 18th birthday and is no longer considered an ABAWD the month they turn age 50.
An ABAWD who meets one of the following is exempt from the ABAWD provisions and not subject to limited benefits. Exemption criteria is determined prospectively, (TECS codes on the ABRE screen are listed.)
Verification of work hours is mandatory for items 5, 6 and 7.
- Exempt from the SNAP work requirements. (EX)
ABAWDS exempt from ABAWD provisions based on the SNAP work requirement exemption for working 30 hours or more per week are also coded (EX).
- All adult household members are exempt any time there is a child under the age of 18 in the same SNAP household. (EX)
Example:
A five-person SNAP household consists of mom, dad, child under the age of 18, an aunt to the child, and an unrelated adult. All four adults are exempt.
- State 15% exemption criteria. (SP)
- A pregnant woman. Client statement is acceptable. (PG)
- Working at least 20 hours per week averaged monthly (regardless of the hourly wage) but less than 30 hours or more per week. This includes volunteer and in-kind work where an individual is not paid. (HR)
Volunteer work is when arrangements have been made with a school, hospital, public service agency, library, nursing home, church or other community organizations.
In-kind work is when an individual works in exchange for goods or services.
Example:
An individual managing an apartment building in exchange for free or reduced rent.
This does not include court ordered community services or work done for family members or friends when the individual is not paid.
- Participating in (and complying with) a work program of 20 hours or more per week averaged monthly. Work program means:
- A program under the Workforce Investment Act of 1998 (WIA), this is administered by Job Services and can be verified by contacting that office. This includes the WIA administered by the Tribes as long as it meets the 20 hour or more per week averaged monthly requirement. (JT)
- A program under Section 236 of the Trade Act of 1974 (Trade Adjustment Assistance Act Program). This is administered by Job Services and can be verified by contacting that office. (TA)
- An Employment and Training Program containing components other than job search or job search training.
NDWORKS meets this requirement. BEST does not meet this requirement as job search is the only component offered.
NOTE: ABAWDS participating in BEST are not exempt from the ABAWD time limit rules based on participation in an Employment and Training Program as job search is the only program component offered.
ABAWDS participating in NDWORKS are exempt from the ABAWD time limit rules because components other than job search are offered.
- Any combination of paid, volunteer, in-kind work, or work programs that equals 20 hours per week averaged monthly.
An ABAWD exempt from the ABAWD provisions for working an average of 20 hours or more per week is required to report if their hours fall below 20 hours per week. This includes ABAWDS exempt from the SNAP work requirement for working 30 hours or more per week.
If an individual is exempt from the ABAWD provisions at initial application or review the individual remains exempt from the ABAWD provisions until the next review.
Exceptions:
1. Individuals exempt due to working 20 hours or more per week averaged monthly who report their work hours have fallen below 20 hours.
2. When the household reports a loss of an exemption for an individual determined to be exempt at application or review.
3. An individual will lose exempt status during the review period and it is known to the agency.
An individual exempt from the ABAWD provisions at initial application or review is required to work register if the following occurs:
1. The household reports they are no longer working 20 or more hours per week averaged monthly but less than 30 hours per week.
2. A loss of an exemption is reported, even if the household is not required to report.
3. It is known to the agency the exemption will end.
